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Court Procedures Rules
6561Setting aside default judgment
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6561 Setting aside default judgment
(1) This rule applies if the court has entered default judgment against the
defendant in a proceeding to which this subdivision applies.
(2) On application by the defendant, the court may set aside the default
judgment if satisfied that the defendant—
(a) without any fault on the defendant’s part, did not know about
the initiating process in sufficient time to file a notice of
intention to respond or defence; and
(b) has a good defence to the proceeding on the merits.
(3) An application to set aside default judgment under this rule may be
(a) at any time within 1 year after the day the judgment was entered;
or
(b) if the 1-year period has expired—within the time after the
defendant learns of the judgment that the court considers
reasonable in the circumstances.
(4) The powers of the court under this rule are additional to any other
powers of the court.
Subdivision 6.8.12.4 Local service of foreign judicial